Specific Relief Act Section 34 38

Section 38 in The Specific Relief Act 1963. 38 of the Specific Relief Act is legal obligation.

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Specific relief is given-- a by taking possession of certain property and delivering it to a claimant.

Specific relief act section 34 38. 38 of the Specific Relief Act thereby exercised. B by ordering a party to do the very act which he is under an obligation to do. Perpetual injunction when granted.

On the principles laid down under section 38 of the Specific Relief Act 1963 perpetual injunction can be granted in cases of a contracts b torts c both a and b d only a and not b. 2 When any such obligation arises from contract the court shall be guided by the rules and. In such cases the Section 34 of the Specific Relief Act 1963 enables a person to have his right or legal character declared by a Court of law and thus.

Recovery of specific immovable property. Between a wrongdoer and the prior possessor prior possession of the plaintiff in an action for ejectment is sufficient title against all but the true owner and the wrongdoer cannot successfully resist the suit by showing that the title and right to possession are in a third person. C by preventing a party from doing that which he is under an obligation not to do.

1 Subject to the other provisions contained in or referred to by this Chapter a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour whether expressly or by implication. The Specific Relief Act 1963.

Section 34 of the Specific Relief Act Discretion of Court as to declaration of status or right. Specific Relief Act 1963 Section 34 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However plaintiff failed to establish his vendors title possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition. Perpetual injunction when granted.

The State Government was under no obligation to assign the land and thehypotheses and misdirected themselves by applying the broader principles applicable to a writ petition to a suit under Sec. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. List Of Acts Of 1963.

1 Subject to the other provisions contained in or referred to by this Chapter a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour whether expressly or by implication. B section 37 of the Specific Relief Act 1963 c section 38 of the Specific Relief Act 1963 d section 39 of the Specific Relief Act 1963. Discretion of court as to declaration of status or right.

Specific Relief Act 1963-47pdf. Discretion of court as to declaration of status or rightAny person entitled to any legal character or to any right as to any property may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion make therein a declaration that he is so entitled and the plaintiff need not in such suit. Section 34 in The Specific Relief Act 1963.

Section 38 of the Specific Relief Act 1963 Provides that. Specific Relief Act 1963 Section 34 38 -- Suit for declaration injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased S being his widow - Officers of LIC and MPEB being necessary party not implead in suit which made the relief sought by plaintiff as futile in nature - Plea of plaintiff that after getting. 2 When any such obligation arises from contract the court shall be guided by the rules and provisions contained in Chapter II.

Any person entitled to any legal character or to any right as to any property may institute a suit against any person denying or interested in denying his title to such character or right and the Court may in its discretion make therein a declaration that he is so entitled and the plaintiff need not in such. 22 Oct 2018. Website Content Managed by Legislative Department Ministry of Law and Justice Government of India Designed Developed and Hosted by National Informatics Centre NIC Last Updated.

Under Section 38 of the Specific Relief Act an injunction restraining the defendant from disturbing possession may not be granted in favour of the.

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